DOCSLIB.ORG

Handbook for Federal Grand Jurors

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Handbook for Federal Grand Jurors Handbook for Federal Grand Jurors Prepared for the use of grand jurors serving in the United States district courts under the supervision of the Judicial Conference of the United States. Published by the Administrative Office of the United States Courts, Washington, D.C. 20544. www.uscourts.gov CONTENTS PURPOSE OF THIS HANDBOOK ........................ 1 ORIGIN AND HISTORY OF THE GRAND JURY .. 1 NATURE OF THE GRAND JURY .......................... 3 (1) The Grand Jury’s Tasks ............................. 4 (2) Investigation ............................................ 5 SELECTION OF GRAND JURORS ........................ 6 ORGANIZATION, OATH, AND OFFICERS OF THE FEDERAL GRAND JURY ......................... 6 PROCEDURE ........................................................ 7 (1) Quorum .................................................. 7 (2) Evidence Before the Grand Jury ............. 8 (3) Questioning the Witness ......................... 8 (4) Calling the Person Being Investigated by the Government as a Witness ......... 10 (5) The Evidence Needed Before a “True Bill” May Be Voted ...................... 11 (6) Deliberations ....................................... 11 SECRECY ............................................................. 13 PROTECTION OF GRAND JURORS .................. 14 PRACTICAL SUGGESTIONS FOR GRAND JURORS .............................................................. 14 GLOSSARY OF TERMS ....................................... 16 PURPOSE OF THIS HANDBOOK This handbook will acquaint persons who have been selected to serve on a federal grand jury with the general nature and importance of their role as grand jurors. It explains some of the terms that grand jurors will encounter during their service and offers some suggestions helpful to them in performing this important public service. It is intended that this handbook will, to a degree, repeat and provide a permanent record of much of the information presented in the grand jury orientation film, The People’s Panel, which in most districts is shown to grand jurors at the commencement of their service. Grand jurors are encouraged to refer to this handbook periodically throughout their service to reacquaint themselves with their duties and responsibilities. This Handbook is designed as an aid only to persons serving on a federal—not a state—grand jury. The federal grand jury is concerned only with federal crimes; it derives its authority from the Constitution of the United States, national laws, and the rules of the federal courts. There are also grand juries impaneled in many of the states, but those grand juries investigate only state crimes; they derive their authority from the constitutions, laws, and rules of court of the states where they are impaneled. ORIGIN AND HISTORY OF THE GRAND JURY The grand jury has a long and honorable tradition. It was recognized in the Magna Carta, the first English constitutional document, which King John granted in 1215 at the demand of his subjects. The first English grand jury consisted of 12 men selected from the knights or other freemen, who were summoned to inquire into 1 crimes alleged to have been committed in their local community. Thus, grand jurors originally functioned as accusers or witnesses, rather than as judges. Over the years, the hallmarks of our modern grand jury developed in England. For example, grand jury proceedings became secret, and the grand jury became independent of the Crown. As a result, a grand jury is able to vote an indictment or refuse to do so, as it deems proper, without regard to the recommendations of judge, prosecutor, or any other person. This independence from the will of the government was achieved only after a long hard fight. It can best be illustrated by the celebrated English case involving the Earl of Shaftasbury, who, in 1681, fell under the suspicion of the Crown. Displeased with him, the Crown presented to the grand jury a proposed bill of indictment for high treason and recommended that it be voted and returned. After hearing the witnesses, the grand jury voted against the bill of indictment and returned it to the King, holding that it was not true. When the English colonists came to America, they brought with them many of the institutions of the English legal system, including the grand jury. Thus, the English tradition of the grand jury was well established in the American colonies long before the American Revolution. Indeed, the colonists used it as a platform from which to assert their independence from the pressures of colonial governors. In 1735, for example, the Colonial Governor of New York demanded that a grand jury indict for libel John Zenger, editor of a newspaper called The Weekly Journal, because he had held up to scorn certain acts of the Royal Governor. The grand jury flatly refused. 2 The grand jury as an institution was so firmly established in the traditions of our forebears that they included it in the Bill of Rights. The Fifth Amendment to the Constitution of the United States provides in part that “(n)o person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . .” Moreover, the grand jury system is also recognized in the constitutions of many of the states of the Union. NATURE OF THE GRAND JURY The powers and functions of the federal grand jury differ from those of the federal trial jury, which is called the petit jury. The petit jury listens to the evidence offered by the prosecution and the defense (if it chooses to offer any) during a criminal trial and returns a verdict of guilty or not guilty. The grand jury, on the other hand, does not determine guilt or innocence, but only whether there is probable cause to believe that a crime was committed and that a specific person or persons committed it. If the grand jury finds that probable cause exists against a person suspected of having committed the crime, then it will return a written statement of the charges called an “indictment.” After that, the person will go to trial. The grand jury normally hears only that evidence presented by a government attorney, which tends to show the commission of a crime. The government attorney usually is the United States Attorney or an Assistant United States Attorney in the federal district. The grand jury must determine from this evidence, and usually without hearing evidence for the defense, whether the person being investigated by the government should be tried for a serious federal crime, referred to in the Bill of Rights as an “infamous crime.” An 3 infamous crime is one which may be punished by imprisonment for more than one year. As a general rule, no one can be prosecuted for a serious crime unless the grand jury decides that the evidence it has heard so requires. In this way, the grand jury operates both as a “sword,” authorizing the government’s prosecution of suspected criminals, and also as a “shield,” protecting citizens from unwarranted or inappropriate prosecutions. The person being investigated by the government may, however, waive grand jury proceedings and agree to be prosecuted by a written charge of crime called an information. The grand jury is not completely free to compel a trial of anyone it chooses. The government attorney must sign the indictment before a party may be prosecuted. Thus, the government and the grand jury act as checks on each other. This assures that neither may arbitrarily wield the awesome power to indict a person of a crime. (1) The Grand Jury’s Tasks As stated above, the federal grand jury’s function is to determine whether the person being investigated by the government shall be tried for a serious federal crime alleged to have been committed within the district where it sits. Matters may be brought to its attention in three ways: (1) by the government attorney; (2) by the court that impaneled it; and (3) from the personal knowledge of a member of the grand jury or from matters properly brought to a member’s personal attention. In all these cases, the grand jury must hear evidence before taking action. 4 After it has received evidence against the person being investigated, the grand jury must decide whether the evidence presented justifies an indictment, or “true bill,” which is the formal criminal charge returned by the grand jury. Upon the indictment’s being filed in court, that person must either plead guilty or nolo contendere, or stand trial. If the evidence does not persuade the grand jury that there is probable cause to believe the person being investigated committed a crime, the grand jury will vote a “no bill,” or “not a true bill.” When this occurs, that person is not required to plead to a criminal charge, and no trial is required. (2) Investigation The major portion of the grand jury’s work is concerned with evidence brought to its attention by the government attorney. The grand jury may consider additional matters otherwise brought to its attention, but should consult with the government attorney or the court before undertaking a formal investigation of such matters. This is necessary because the grand jury has no investigative staff, and legal assistance will be necessary in the event an indictment is voted. A federal grand jury can take action only on federal crimes that have been committed within the district in which it has been impaneled. Furthermore, a federal grand jury (except a special grand jury impaneled under 18 U.S.C. §§ 3331- 3334) is not authorized to investigate 5 situations involving the conduct of individuals, public officials, agencies, or institutions that the grand jury believes is subject to mere criticism rather than a violation of federal criminal statutes. Its concern must be solely to ascertain whether there is probable cause to believe that a federal crime has been committed and to report accordingly to the court. SELECTION OF GRAND JURORS Federal law requires that a grand jury be selected at random from a fair cross section of the community in the district or division in which the federal grand jury convenes.
Load more

Recommended publications
  • Grand Jury Handbook-For Jurors
    Grand Jury Handbook From the Office of Your District Attorney Welcome to The Grand Jury Welcome. You have just assumed a most important role in the administration of justice in your community. Service on the Grand Jury is one way in which you, as a responsible citizen, can directly participate in government. The Grand Jury has the responsibility of safeguarding individuals from ungrounded prosecution while simultaneously protecting the public from crime and criminals. The purpose of this handbook is to help you meet these responsibilities, and be knowledgeable about your duties and limitations. Your service and Copyright April, 2004 acceptance of your duties as a serious commitment to the community is Prosecuting Attorneys’ Council of Georgia greatly appreciated. Atlanta, Georgia 30303 This handbook was prepared by the staff of the Prosecuting Attorneys’ Council of Georgia and provided to you by your District Attorney’s All rights reserved office to help you fulfill your duties as a Grand Juror. It summarizes the history of the Grand Jury as well as the law and procedures governing the Grand Jury. This handbook will provide you with an overview of the duties, functions and limitations of the Grand Jury. However, the If you have a disability which requires printed materials in alternative formats, legal advice given to you by the court and by me and my assistants will please contact the Prosecuting Attorneys’ Council of Georgia at 404-969-4001. provide a more comprehensive explanation of all of your responsibilities. I sincerely hope you will find the opportunity to participate in the enforcement of the law an enlightening experience.
    [Show full text]
  • Petit Jury Information
    PETIT JURY INFORMATION In a criminal trial, the petit jury will decide if the defendant is guilty or not guilty of the alleged crime. In Ohio, the jury must find the defendant “guilty” or “not guilty” by a unanimous vote. In a civil trial, the petit jury will decide the facts, which are in dispute. HOW LONG COULD YOU BE ELIGIBLE FOR JURY DUTY Petit jurors are required to serve for a one-month period. It will NOT be continuous. On the contrary, it will be intermittent and we will attempt to limit your service to being seated in one trial during that month period. However, on occasion it may become necessary to recall you during the month if an unusual number of petit jurors are required for a case. You will be notified by the Court of the exact date and time set for your service. EXPECTED LENGTH OF TRIAL The average jury trial length is two to three days. However, some jury trials do last longer. (You may call the Deputy Jury Commissioner to determine how long the trial you have been summoned for may last.) WHEN TO REPORT FOR JURY SELECTION When a case has been set for trial, you will be mailed a summons that will assign you a date and time to report during your specified month. The summons will be mailed to you one to two weeks in advance of your assigned date and time to report. It sometimes happens that a case is settled or dismissed. It usually is not possible to set another case for trial on such short notice.
    [Show full text]
  • A Federal Criminal Case Timeline
    A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement negotiations and changes in law. This timeline, however, will hold true in the majority of federal felony cases in the Eastern District of Virginia. Initial appearance: Felony defendants are usually brought to federal court in the custody of federal agents. Usually, the charges against the defendant are in a criminal complaint. The criminal complaint is accompanied by an affidavit that summarizes the evidence against the defendant. At the defendant's first appearance, a defendant appears before a federal magistrate judge. This magistrate judge will preside over the first two or three appearances, but the case will ultimately be referred to a federal district court judge (more on district judges below). The prosecutor appearing for the government is called an "Assistant United States Attorney," or "AUSA." There are no District Attorney's or "DAs" in federal court. The public defender is often called the Assistant Federal Public Defender, or an "AFPD." When a defendant first appears before a magistrate judge, he or she is informed of certain constitutional rights, such as the right to remain silent. The defendant is then asked if her or she can afford counsel. If a defendant cannot afford to hire counsel, he or she is instructed to fill out a financial affidavit. This affidavit is then submitted to the magistrate judge, and, if the defendant qualifies, a public defender or CJA panel counsel is appointed.
    [Show full text]
  • PJAL Manual 11Th Edition a Compilation of the Laws Concerning the Authority and Responsibility of Parish Governing Authorities Updated Through The
    PJAL Manual 11th Edition A compilation of the laws concerning the authority and responsibility of parish Governing Authorities updated through the Regular Legislative Session of 2019 Police Jury Association of Louisiana Page | i Preface The Police Jury Manual is designed as a ready reference to the general Constitutional and statutory provisions on the powers, duties and responsibilities of police jurors/parish government officials. Its purpose is to bring together in a single volume legal provisions that are widely scattered throughout the Constitution and statutes. Every effort has been made to accurately summarize the general laws governing police juries/parish governments. The manual, however, is not to be used as a legal text or for the purpose of legal opinions. The state Constitution, the statutes and court decisions are the final authorities governing police jury/parish governing authority operations. Each reference in the manual includes the legal citation necessary to assist the reader in locating the precise wording of the law or the more detailed and technical provisions that may have been omitted. Legal provisions pertaining to police jury/parish governing authority powers in certain areas, such as taxing and borrowing authority, are numerous, complex and sometimes archaic, contradictory and vague. For this reason, it is very important that police juries/parish governments consult their legal advisors in all cases in which a question of law or legal interpretation is involved. The Police Jury Manual was first prepared and published in 1960 by the Public Affairs Research Council (PAR) at the request of the Police Jury Association of Louisiana. This completely revised and updated eleventh edition was revised by the Police Jury Association staff.
    [Show full text]
  • Bills of Attainder and the Formation of the American Takings Clause at the Founding of the Republic Duane L
    Campbell Law Review Volume 32 Article 3 Issue 2 Winter 2010 January 2010 Bills of Attainder and the Formation of the American Takings Clause at the Founding of the Republic Duane L. Ostler Follow this and additional works at: http://scholarship.law.campbell.edu/clr Part of the Constitutional Law Commons Recommended Citation Duane L. Ostler, Bills of Attainder and the Formation of the American Takings Clause at the Founding of the Republic, 32 Campbell L. Rev. 227 (2010). This Article is brought to you for free and open access by Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Campbell Law Review by an authorized administrator of Scholarly Repository @ Campbell University School of Law. Ostler: Bills of Attainder and the Formation of the American Takings Clau Bills of Attainder and the Formation of the American Takings Clause at the Founding of the Republic DUANE L. OSTLER* I. INTRODUCTION .............................................. 228 II. TAKINGS IN AMERICA PRIOR TO 1787 ....................... 228 A. Takings in the Colonies Prior to Independence ....... 228 B. The American Revolution and the Resulting State Constitutions ................................... 231 III. THE HISTORY BEHIND THE BAN ON BILLS OF ATTAINDER AND THE FIFTH AMENDMENT TAKINGS CLAUSE ................... 236 A. Events Leading to the Fifth Amendment .............. 236 B. Madison's Negative Opinion of a Bill of Rights ....... 239 C. Madison's Views on the Best Way to Protect Property Righ ts ................................................ 242 IV. SPECIFIED PROPERTY PROTECTIONS IN THE BODY OF THE CONSTITUTION .......................................... 246 A. Limits Specified in Article 1, Section 10 .............. 246 B. The Ban on Bills of Attainder .................... 248 V.
    [Show full text]
  • The Myth of the Presumption of Innocence
    Texas Law Review See Also Volume 94 Response The Myth of the Presumption of Innocence Brandon L. Garrett* I. Introduction Do we have a presumption of innocence in this country? Of course we do. After all, we instruct criminal juries on it, often during jury selection, and then at the outset of the case and during final instructions before deliberations. Take this example, delivered by a judge at a criminal trial in Illinois: "Under the law, the Defendant is presumed to be innocent of the charges against him. This presumption remains with the Defendant throughout the case and is not overcome until in your deliberations you are convinced beyond a reasonable doubt that the Defendant is guilty."' Perhaps the presumption also reflects something more even, a larger commitment enshrined in a range of due process and other constitutional rulings designed to protect against wrongful convictions. The defense lawyer in the same trial quoted above said in his closings: [A]s [the defendant] sits here right now, he is presumed innocent of these charges. That is the corner stone of our system of justice. The best system in the world. That is a presumption that remains with him unless and until the State can prove him guilty beyond2 a reasonable doubt. That's the lynchpin in the system ofjustice. Our constitutional criminal procedure is animated by that commitment, * Justice Thurgood Marshall Distinguished Professor of Law, University of Virginia School of Law. 1. Transcript of Record at 13, People v. Gonzalez, No. 94 CF 1365 (Ill.Cir. Ct. June 12, 1995). 2.
    [Show full text]
  • The Justice and the Jury, 72 Brook
    Brooklyn Law Review Volume 72 Issue 1 SYMPOSIUM: Article 3 Justice Blackmun and Judicial Biography: A Conversation With Linda Greenhouse 2006 The uJ stice and the Jury Jason Mazzone Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Jason Mazzone, The Justice and the Jury, 72 Brook. L. Rev. (2006). Available at: https://brooklynworks.brooklaw.edu/blr/vol72/iss1/3 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. The Justice and the Jury Jason Mazzone† I. INTRODUCTION Judges who work with juries—trial judges—tend to think very highly of them.1 Studies show that trial judges almost unanimously believe that juries reach fair verdicts; most trial judges report that if they personally were involved in a criminal or civil case they would want it to be decided by a jury.2 Judge William L. Dwyer, a judge for fifteen years on the United States District Court for the Western District of Washington in Seattle, considered jurors his “courtroom companions” who routinely produced “fair and honest verdicts.”3 Chief Judge Mark W. Bennett of the United States District Court for the Northern District of Iowa states that it † Associate Professor of Law, Brooklyn Law School. [email protected]. For helpful comments, I thank Linda Greenhouse, Susan Herman, Harold Koh and David Sklansky. 1 The favorable views held by trial judges contrast with commentators’ frequent criticisms of juries. See, e.g., HARRY KALVEN, JR.
    [Show full text]
  • Grand Jury Duty in Ohio
    A grand jury is an essential part of the legal system. What Is a Grand Jury? In Ohio, a grand jury decides whether the state Thank you for your willingness to help your has good enough reason to bring felony charges fellow citizens by serving as a grand juror. As against a person alleged to have committed a a former prosecuting attorney, I can attest crime. Felonies are serious crimes — ranging that you have been asked to play a vital role from murder, rape, other sexual assaults, and in American democracy. kidnapping to drug offenses, robbery, larceny, financial crimes, arson, and many more. The justice system in America and in Ohio cannot function properly without the The grand jury is an accusatory body. It does not dedication and involvement of its citizens. determine guilt or innocence. The grand jury’s I guarantee that when you come to the end duty is simply to determine whether there is of your time on the grand jury, you will sufficient evidence to make a person face criminal consider this service to have been one of the charges. The grand jury is designed to help the best experiences of your life. state proceed with a fair accusation against a person, while protecting that person from being Our society was founded on the idea of equal charged when there is insufficient evidence. justice under law, and the grand jury is a critical part of that system. Thank you again In Ohio, the grand jury is composed of nine for playing a key role in American justice.
    [Show full text]
  • Bills of Attainder
    University at Buffalo School of Law Digital Commons @ University at Buffalo School of Law Journal Articles Faculty Scholarship Winter 2016 Bills of Attainder Matthew Steilen University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/journal_articles Part of the Legal History Commons Recommended Citation Matthew Steilen, Bills of Attainder, 53 Hous. L. Rev. 767 (2016). Available at: https://digitalcommons.law.buffalo.edu/journal_articles/123 This Article is brought to you for free and open access by the Faculty Scholarship at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Journal Articles by an authorized administrator of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. ARTICLE BILLS OF ATTAINDER Matthew Steilen* ABSTRACT What are bills of attainder? The traditional view is that bills of attainder are legislation that punishes an individual without judicial process. The Bill of Attainder Clause in Article I, Section 9 prohibits the Congress from passing such bills. But what about the President? The traditional view would seem to rule out application of the Clause to the President (acting without Congress) and to executive agencies, since neither passes bills. This Article aims to bring historical evidence to bear on the question of the scope of the Bill of Attainder Clause. The argument of the Article is that bills of attainder are best understood as a summary form of legal process, rather than a legislative act. This argument is based on a detailed historical reconstruction of English and early American practices, beginning with a study of the medieval Parliament rolls, year books, and other late medieval English texts, and early modern parliamentary diaries and journals covering the attainders of Elizabeth Barton under Henry VIII and Thomas Wentworth, earl of Strafford, under Charles I.
    [Show full text]
  • Virginia Model Jury Instructions – Criminal
    Virginia Model Jury Instructions – Criminal Release 20, September 2019 NOTICE TO USERS: THE FOLLOWING SET OF UNANNOTATED MODEL JURY INSTRUCTIONS ARE BEING MADE AVAILABLE WITH THE PERMISSION OF THE PUBLISHER, MATTHEW BENDER & COMPANY, INC. PLEASE NOTE THAT THE FULL ANNOTATED VERSION OF THESE MODEL JURY INSTRUCTIONS IS AVAILABLE FOR PURCHASE FROM MATTHEW BENDER® BY WAY OF THE FOLLOWING LINK: https://store.lexisnexis.com/categories/area-of-practice/criminal-law-procedure- 161/virginia-model-jury-instructions-criminal-skuusSku6572 Matthew Bender is a registered trademark of Matthew Bender & Company, Inc. Instruction No. 2.050 Preliminary Instructions to Jury Members of the jury, the order of the trial of this case will be in four stages: 1. Opening statements 2. Presentation of the evidence 3. Instructions of law 4. Final argument After the conclusion of final argument, I will instruct you concerning your deliberations. You will then go to your room, select a foreperson, deliberate, and arrive at your verdict. Opening Statements First, the Commonwealth's attorney may make an opening statement outlining his or her case. Then the defendant's attorney also may make an opening statement. Neither side is required to do so. Presentation of the Evidence [Second, following the opening statements, the Commonwealth will introduce evidence, after which the defendant then has the right to introduce evidence (but is not required to do so). Rebuttal evidence may then be introduced if appropriate.] [Second, following the opening statements, the evidence will be presented.] Instructions of Law Third, at the conclusion of all evidence, I will instruct you on the law which is to be applied to this case.
    [Show full text]
  • Reforming the Grand Jury Indictment Process
    The NCSC Center for Jury Studies is dedicated to facilitating the ability of citizens to fulfill their role within the justice system and enhancing their confidence and satisfaction with jury service by helping judges and court staff improve jury system management. This document was prepared with support from a grant from the State Justice Institute (SJI-18-N-051). The points of view and opinions offered in this document are those of the authors and do not necessarily represent the official position or policies of the National Center for State Courts or the State Justice Institute. NCSC Staff: Paula Hannaford-Agor, JD Caisa Royer, JD/PhD Madeline Williams, BS Allison Trochesset, PhD The National Center for State Courts promotes the rule of law and improves the administration of justice in state courts and courts around the world. Copyright 2021 National Center for State Courts 300 Newport Avenue Williamsburg, VA 23185-4147 ISBN 978-0-89656-316-2 Table of Contents Introduction ...........................................................................................................1 What Is a Grand Jury?............................................................................................2 Special Duties .........................................................................................................3 Size Requirements...................................................................................................4 Term of Service and Quorum Requirements ...........................................................5 Reform
    [Show full text]
  • Student Study Guide Chapter Seven
    STUDENT STUDY GUIDE CHAPTER SEVEN Multiple Choice Questions 1. Which of the following contributes to a large amount of public attention for a criminal trial? a. Spectacular crime b. Notorious parties c. Sympathetic victim d. All of the above 2. How are most criminal cases resolved? a. Arraignment b. Plea Bargaining c. Trials d. Appeals 3. Preventive detention has been enacted into law through the ____________. a. Bail Reform Act b. Bail Restoration Act c. Bond Improvement Act d. Bond Policy Act 4. The customary fee for a bail bondsman is ____ of the bail amount. a. 5% b. 10% c. 20% d. 25% 5. Which of the following is not a feature of the grand jury? a. Open to the public b. Advised by a prosecuting attorney c. Sworn to forever secrecy d. Size variation among states 6. If a defendant refuses to enter a plea, the court enters a(n) ____________ plea on his or her behalf. a. guilty b. not guilty c. nolo contendere d. Alford 1 7. Who is responsible for preparing a presentence investigation report? a. Judge b. Jury c. Probation officer d. Corrections officer 8. If a motion for _____________ is granted, one side may have to produce lists of witnesses and witness roles in the case. a. discovery b. severance c. suppression d. summary judgment 9. Which of the following motions may be requested in order to make the defendant appear less culpable? a. Motion for discovery b. Motion in limine c. Motion for change of venue d. Motion to sever 10. Which of the following motions might be requested as the result of excessive pretrial publicity? a.
    [Show full text]